Bava Kamma 117a

בבא קמא קי״ז ע״א

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Topic

Learning from a קנס, and the liability of one who shows or hands over another's property to oppressors, ending with the story of רב כהנא

Overview

The amud opens by asking whether רב נחמן's earlier ruling was a real דין or only a קנס, because we never learn other cases from a קנס. The גמרא tries to prove this rule from a ברייתא about damage you cannot see (מטמא, מנסך, מדמע). It rejects the proof twice: once by pointing to the size of the loss, and once by a change from רבי אבין's view to רבי ירמיה's view. Next come cases of a Jew who shows or hands another Jew's property to gentile authorities. Being forced and only showing is פטור. Handing it over yourself, or showing it on your own, is חייב. רב אשי adds that once the property was already exposed, carrying it afterward adds nothing. In a dispute over a net, רבא rules that the one who handed it to the king's officer is put in שמתא until he brings it back to court. The amud ends with the story of רב כהנא, who killed an informer, fled to ארץ ישראל, and met רבי יוחנן and ריש לקיש. The story continues on the next amud.

Opening lines

The steps (36)

1. QuestionWas the ruling law or a penalty?
2. ResponseWhy it matters: we cannot learn from a fine
3. QuestionWhere do we know we can't learn from a fine?
4. ProofA ברייתא about damage you cannot see
5. ProofDrawing the proof from the added case
6. RejectionNo: the change was about small losses
7. ChallengeA second version of the ברייתא flips the order
8. ProofSo the reason must be that we cannot learn from a קנס
9. RejectionNo, the חכמים changed from רבי אבין's view to רבי ירמיה's view
10. Statementרבי אבין's rule: the arrow on שבת
11. StatementThe later view: money liability comes before the death penalty
12. Statementרב הונא בר יהודה reports a case he judged
13. Challengeרבא says to reverse the ruling, based on a ברייתא
14. StatementShowing it on his own counts like handing it over
15. StatementA man forced to show and carry רב מרי's wine is exempted
16. ChallengeThe חכמים challenge רב אשי: handing over by hand makes one liable
17. ResolutionOnce he showed it, the damage was already done
18. Challengeרבי אבהו challenges: passing an item to a robber who is right there
19. ResolutionThe robber was across the river
20. ProofThe wording 'pass' and not 'give' proves the river case
21. StatementTwo people fight over a net, and one hands it to the king's officer
22. Statementאביי says he can claim he gave away his own net
23. Challengeרבא asks: is it up to him to decide?
24. Statementרבא rules: put him in שמתא until he brings the net to court
25. StatementA man insists he will inform on his fellow's straw, even against רב
26. Statementרב כהנא kills the informer
27. Proofרב uses a פסוק to show why רב כהנא acted rightly
28. Statementרב tells רב כהנא to flee to ארץ ישראל
29. Statementרב כהנא impresses ריש לקיש, who calls him a lion
30. Statementרב כהנא stays silent and is moved back seven rows
31. StatementSeven rows in place of seven years; רב כהנא begins asking
32. Statementרבי יוחנן's cushions are removed one by one
33. Statementרבי יוחנן asks to have his eyes uncovered to see רב כהנא
34. StatementA split lip is mistaken for mocking, and רב כהנא dies
35. StatementThe students explain that רב כהנא always looked that way
36. Statementרבי יוחנן goes to רב כהנא's burial cave